Litan Biswas v. Xxx Victim And ANR

22.12.2022 Sl. No.31 akd [Rejected] C. R. M. (DB) 4516 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.12.2022 in connection with Chakdaha Police Station Case No.558 of 2022 dated 23.08.2022 under Sections 376/120B of the Indian Penal Code, Section 4 of the POCSO Act and Sections 66E/67 of the Information Technology Act. And In Re: Litan Biswas ... ... Petitioner Ms. Minoti Gomes ... ... for the petitioner Mr. Tanmoy Chowdhury Mr. Gautam Kumar Maity Ms. Ritoprita Ghosh ... ... for the de-facto complainant Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Arani Bhattacharyya ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 121 days. It is further submitted there was a consensual relationship between the parties.

Learned Advocate appearing for the State opposes the prayer for bail.

Learned Advocate appearing for the de-facto complainant also opposes the prayer for bail and submits victim girl had been forcibly raped. Her obscene pictures were uploaded on social media sites. We have considered the materials on record. Statement of the victim implicates the petitioner in the crime. Evidence with regard to obscene pictures is placed before us. In view of the aforesaid incriminating materials and nature of crime, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)